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(영문) 수원지방법원 안양지원 2013.09.17 2013고단399
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to four months of imprisonment for a violation of the Military Service Act in the Suwon District Court’s Ansan Branch, and completed the execution of the said sentence in the Suwon Detention House on November 11, 201.

The defendant is a public duty personnel working in the Gu office D during the period from January 17, 2013, and public duty personnel shall not leave their service for a total period of not less than eight days without justifiable grounds.

Nevertheless, for two days from January 18, 2013, January 21, 2013 to December 22, 2013, the Defendant left from office for a total period of not less than eight days without justifiable grounds, for two days from February 25, 2013, and February 4, 2013 to May 5, 2013, and for four days from February 12, 2013 to December 15, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Previous records: Criminal records, etc. inquiry inquiry reports (A) and the application of each investigation reporting Act and subordinate statutes;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The defense counsel's assertion about the defense counsel under Article 35 of the Aggravation of Cumulative Offense Criminal Act asserts that the defendant was in a state of mental disorder due to mental unstable symptoms, such as depression, etc. at the time of the crime of this case. Thus, according to each of the descriptions of the murdered, diagnosis certificate, and copy of the medical records, it is recognized that the defendant was treated with a mental disorder due to a lasting apprehension, but it does not seem that the defendant lacks the ability to discern things at the time of the crime of this case, and thus, the above assertion

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